Ethics in Criminal JusticeEthics in Criminal Justice

CJ 3750CJ 3750

Professor James J. Drylie Professor James J. Drylie

Week 1Week 1

IntroductionIntroduction

•• Course overviewCourse overview

–– Review of syllabusReview of syllabus

•• Textbook Textbook

•• Schedule Schedule

•• Grading Grading

•• Academic integrityAcademic integrity

•• Assignments Assignments

•• Quizzes Quizzes

•• Examinations Examinations

•• Student expectationsStudent expectations

Morality, Ethics & Human Behavior Morality, Ethics & Human Behavior

•• The study of Ethics in Criminal JusticeThe study of Ethics in Criminal Justice

–– The criminal justice system involves ACTORS The criminal justice system involves ACTORS

who make decisions that arewho make decisions that are

•• Analyzed Analyzed

•• JudgedJudged

–– Ethical Ethical

–– Unethical Unethical

–– Discretion is exercised by these actors at all Discretion is exercised by these actors at all

stages in the systemstages in the system

Discretionary actorsDiscretionary actors

•• LegislatorsLegislators

–– The power to define behavior as illegal and The power to define behavior as illegal and

punishable.punishable.

•• Police officers exercise considerable Police officers exercise considerable

discretion todiscretion to

–– ArrestArrest

–– InvestigateInvestigate

–– Cite Cite

•• Prosecutors may face the least amount of Prosecutors may face the least amount of

public scrutiny.public scrutiny.

–– To charge To charge

–– DowngradeDowngrade

–– Proceed with grand juryProceed with grand jury

–– Death penalty Death penalty

–– Influence policeInfluence police

•• JudgesJudges

–– Plea bargainsPlea bargains

–– Rules of evidenceRules of evidence

–– Sentencing Sentencing

•• CorrectionsCorrections

–– Probation officers in completing preProbation officers in completing pre--sentence sentence

and violation reportsand violation reports

–– Prison officials determine Prison officials determine ““good behaviorgood behavior””

–– Correctional officers supervising inmates Correctional officers supervising inmates

–– Parole officials Parole officials

Common elementsCommon elements

•• Each have discretion. The power to make Each have discretion. The power to make

a decision.a decision.

•• Each has the duty to enforce the law.Each has the duty to enforce the law.

•• Each must accept that their duty is to Each must accept that their duty is to

protect constitutional safeguards.protect constitutional safeguards.

•• ALL are public servants. ALL are public servants.

Ethics in criminal justiceEthics in criminal justice•• Ethics is a mainstay of professionalism.Ethics is a mainstay of professionalism.

•• Training in critical ethics develops analytical Training in critical ethics develops analytical skills and reasoning ability.skills and reasoning ability.

•• Professionals should recognize ethical Professionals should recognize ethical consequences of actions.consequences of actions.

•• Ethical considerations are central to decisions Ethical considerations are central to decisions involving discretion, force & due process.involving discretion, force & due process.

•• Ethics is germane to management and policy Ethics is germane to management and policy decisions.decisions.

•• Ethical considerations are essential aspects in Ethical considerations are essential aspects in research. research.

Five goals of the study of ethicsFive goals of the study of ethics

•• Become aware and open to ethical issuesBecome aware and open to ethical issues

•• Begin developing critical thinking skillsBegin developing critical thinking skills

•• Become more personally responsibleBecome more personally responsible

•• Understand how the system is engaged in Understand how the system is engaged in

a process of coerciona process of coercion

•• Develop Develop wholesightwholesight (exploring with your (exploring with your

heart and mind)heart and mind)

Defining termsDefining terms

•• MoralsMorals–– LatinLatin--based word based word

•• CustomCustom

•• Character Character

–– What is judged as What is judged as good conductgood conduct

–– Immorality is referred Immorality is referred to as bad conduct to as bad conduct

–– Someone who makes Someone who makes value judgments and value judgments and discerns right from discerns right from wrong. wrong.

•• EthicsEthics–– The study and analysis The study and analysis

of what constitutes of what constitutes good or bad conductgood or bad conduct

Branches/schools of ethicsBranches/schools of ethics

•• MetaMeta--ethicsethics –– the highly technical discipline the highly technical discipline investigating the meaning of ethical terms investigating the meaning of ethical terms including critical study of how ethical statements including critical study of how ethical statements can be verified.can be verified.

•• Normative ethicsNormative ethics –– determines what people determines what people ought do and defines moral duties.ought do and defines moral duties.

•• Applied ethicsApplied ethics –– the application of ethical the application of ethical principles to specific issues.principles to specific issues.

•• Professional ethicsProfessional ethics –– a specific type of applied a specific type of applied ethics relating to behavior of certain professions.ethics relating to behavior of certain professions.

Judging behavioral decisionsJudging behavioral decisions

•• ActAct –– there must be some act to judgethere must be some act to judge

•• Human actsHuman acts –– judgments are directed judgments are directed

specifically to human behaviorspecifically to human behavior

•• Free willFree will –– restricted to behavior that restricted to behavior that

stems from free will and free actionstems from free will and free action

•• Effects on othersEffects on others ––did the behavior did the behavior

significantly affect others significantly affect others

Categories of Ethical IssuesCategories of Ethical Issues

•• Effects on the citizenryEffects on the citizenry

•• Effects on other employeesEffects on other employees

•• Effects on the organization one works forEffects on the organization one works for

Ethical InventoryEthical Inventory

•• Individual and OrganizationIndividual and Organization

–– Work ethic (dayWork ethic (day’’s work for a days work for a day’’s pay)s pay)

–– Petty theftPetty theft

–– Abuse of overtimeAbuse of overtime

–– Misuse of sick timeMisuse of sick time

•• Organization & employeesOrganization & employees

–– Sexual/racial harassmentSexual/racial harassment

–– DiscouraingDiscouraing honest criticismhonest criticism

–– Inadequate compensationInadequate compensation

–– Unrealistic or inappropriate demandsUnrealistic or inappropriate demands

–– Place employees in unnecessary riskPlace employees in unnecessary risk

•• Individual and Other EmployeesIndividual and Other Employees

–– BackstabbingBackstabbing

–– GossipGossip

–– Sexual/racial harassmentSexual/racial harassment

–– Lying to Lying to coverupcoverup blameblame

–– Taking credit for otherTaking credit for other’’s works work

•• Individual & PublicIndividual & Public

–– Misuse of authorityMisuse of authority

–– Inadequate or marginal performanceInadequate or marginal performance

–– Sexual/racial/ethnic harassmentSexual/racial/ethnic harassment

–– Special treatmentSpecial treatment

–– Malfeasance/misfeasance/nonfeasanceMalfeasance/misfeasance/nonfeasance

–– RudenessRudeness

–– Incivility Incivility

Duties & ValuesDuties & Values

•• Duties Duties

–– Actions one must perform in order to be Actions one must perform in order to be

considered moral. considered moral.

••We all have a duty to obey the law.We all have a duty to obey the law.

–– SuperogatoriesSuperogatories

•• Actions that are commendable, but not required. Actions that are commendable, but not required.

–– Good SamaritanGood Samaritan

–– Imperfect dutiesImperfect duties

•• GenerosityGenerosity

–– No specific demand on type or mannerNo specific demand on type or manner

•• ValuesValues

–– Elements of desirability, worth, or importance.Elements of desirability, worth, or importance.

•• Often equated with moral judgments of goodness.Often equated with moral judgments of goodness.

–– Consider these factual judgments:Consider these factual judgments:

•• ““He is lying.He is lying.””

•• ““It is raining.It is raining.””

–– Value judgments:Value judgments:

•• ““She is a good woman.She is a good woman.””

•• ““That was a wonderful day.That was a wonderful day.””

–– Facts are capable of scientific proof, values Facts are capable of scientific proof, values

and moral judgments are not. and moral judgments are not.

Morality & the LawMorality & the Law•• A crime has three elementsA crime has three elements

–– ActusActus reasreas

–– MensMens rearea

–– Causation Causation

••When When actusactus reasreas creates result prohibited by law.creates result prohibited by law.

•• Four levels of legal culpabilityFour levels of legal culpability

–– PurposelyPurposely

–– KnowinglyKnowingly

–– RecklesslyRecklessly

–– Negligently Negligently

Regulations/Standards/GuidelinesRegulations/Standards/Guidelines

•• RegulationsRegulations

–– Govern activities of occupations Govern activities of occupations –– police, doctor, police, doctor,

electrician, etc.electrician, etc.

•• StandardsStandards

–– Come from private or public bodies often used for Come from private or public bodies often used for

accreditationaccreditation

•• GuidelinesGuidelines

–– Usually recommendations rather than directions. Usually recommendations rather than directions.

Often come from a professional group. Often come from a professional group.

Ethical dilemmasEthical dilemmas

•• Situations in which one person must make Situations in which one person must make

a decision about what to do. a decision about what to do.

•• Involve the individual struggling with Involve the individual struggling with

personal decision making.personal decision making.

–– Decriminalization of soft drugsDecriminalization of soft drugs

–– Death penalty Death penalty

–– Racial profilingRacial profiling

–– Patriot Act Patriot Act